Lawmakers yesterday amended the Code of Criminal Procedure (刑事訴訟法) to provide a legal basis for travel restrictions, which were previously enforced on the basis of rules governing limitation of the residence of a person of interest.
The amendment added a chapter titled “restrictions on departures,” which cover departures of a defendant by air or by sea.
The code lacked clear regulations on travel restrictions, which in practice had been imposed as a limitation of the residence of a defendant, said Democratic Progressive Party Legislator Chou Chun-mi (周春米), a sponsor of the amendment.
Photo: Chien Jung-fong, Taipei Times
However, the concept of a limitation of residence does not necessarily justify the judiciary depriving a defendant of their “freedom to change residence,” which is granted by the Constitution, she said.
The amendment is meant to differentiate between limitation of residence and travel restrictions, she added.
With the exception of crimes whose severest punishment is a fine or detention, a prosecutor or a judge may place departure restrictions on a defendant who does not have a fixed residence or lodging, or who is likely to flee the country; conceal, tamper with or destroy evidence; or conspire with others to give false testimonies, the amendment says.
A travel restriction must not last longer than eight months, but may be extended for up to two times, with the first extension no longer than four months and the second no longer than two, it says.
The combined duration of travel restrictions imposed on a defendant whose alleged crime is punishable by a prison term of up to 10 years must not exceed five years, whereas the overall duration for those who have been accused of committing other crimes must not exceed 10 years, it says.
For defendants granted a deferred sentence, parole, non-prosecution or an acquittal, the departure restrictions will no longer apply, but new restrictions can be put in place if the case is subject to an appeal, it says.
A defendant or their attorney may apply to a prosecutor or judge to have a travel restriction revoked or changed, but if a case is being reviewed, the right to change or revoke a travel ban resides with the presiding judge, it says.
The aforementioned rules also apply to people who are on parole, subject to limitation of residence, or are under investigation, but not detained, it says.
A defendant may file an interlocutory appeal against a travel restriction, it says.
Legislators approved another amendment to the code that would grant defendants the right to view, transcribe or photograph court documents and evidence presented against them after gaining the consent of a court.
However, a court may turn down a defendant’s request to exercise the aforementioned right if it believes it would affect the adjudication of another case; would not help with their legal defense in a court; or if the documents or evidence requested are irrelevant to the crimes of which they are accused, the amendment stipulates.
A defendant may appeal a court decision that denies them access to court documents or evidence, it says.
US climber Alex Honnold is to attempt to scale Taipei 101 without a rope and harness in a live Netflix special on Jan. 24, the streaming platform announced on Wednesday. Accounting for the time difference, the two-hour broadcast of Honnold’s climb, called Skyscraper Live, is to air on Jan. 23 in the US, Netflix said in a statement. Honnold, 40, was the first person ever to free solo climb the 900m El Capitan rock formation in Yosemite National Park — a feat that was recorded and later made into the 2018 documentary film Free Solo. Netflix previewed Skyscraper Live in October, after videos
Starting on Jan. 1, YouBike riders must have insurance to use the service, and a six-month trial of NT$5 coupons under certain conditions would be implemented to balance bike shortages, a joint statement from transportation departments across Taipei, New Taipei City and Taoyuan announced yesterday. The rental bike system operator said that coupons would be offered to riders to rent bikes from full stations, for riders who take out an electric-assisted bike from a full station, and for riders who return a bike to an empty station. All riders with YouBike accounts are automatically eligible for the program, and each membership account
A classified Pentagon-produced, multiyear assessment — the Overmatch brief — highlighted unreported Chinese capabilities to destroy US military assets and identified US supply chain choke points, painting a disturbing picture of waning US military might, a New York Times editorial published on Monday said. US Secretary of Defense Pete Hegseth’s comments in November last year that “we lose every time” in Pentagon-conducted war games pitting the US against China further highlighted the uncertainty about the US’ capability to intervene in the event of a Chinese invasion of Taiwan. “It shows the Pentagon’s overreliance on expensive, vulnerable weapons as adversaries field cheap, technologically
NUMBERS IMBALANCE: More than 4 million Taiwanese have visited China this year, while only about half a million Chinese have visited here Beijing has yet to respond to Taiwan’s requests for negotiation over matters related to the recovery of cross-strait tourism, the Tourism Administration said yesterday. Taiwan’s tourism authority issued the statement after Chinese-language daily the China Times reported yesterday that the government’s policy of banning group tours to China does not stop Taiwanese from visiting the country. As of October, more than 4.2 million had traveled to China this year, exceeding last year. Beijing estimated the number of Taiwanese tourists in China could reach 4.5 million this year. By contrast, only 500,000 Chinese tourists are expected in Taiwan, the report said. The report
RSS